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Chapter 9 Human resource management of guide for school governors

This chapter explains the employment functions of a Board of Governors that also has responsibility for the school’s finances. Decisions about staffing are important as they can affect the quality of the school’s education provision. Staffing issues can be complex and Boards of Governors should make use of the training and support services available. Training courses are available for governors together with an experienced Human Resources (HR) support service. Information and advice is also available from the Labour Relations Agency (LRA) and from the Department for Employment and Learning (DEL) about employment legislation.

In this chapter:

Role of the Board of Governors

The role of the Board of Governors is to exercise its functions in relation to employment matters, with a view to maintaining and raising standards of education performance in the classroom. The Board of Governors is required to

  • recruit and select staff for appointment to the school;
  • determine the school’s staffing complement;
  • regulate staff conduct and discipline as required by law;
  • take decisions on payments relating to staff dismissals or resignations;
  • exercise other employment functions, such as the management of the performance of the principal, staff attendance, staff training and development.

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Employing authority

9.1. Each education and library board (ELB) is the employing authority of teachers in controlled schools and support staff in controlled and voluntary maintained schools in its area. The Council for Catholic Maintained Schools (CCMS) is the employing authority for teachers in Catholic voluntary maintained schools. The Board of Governors of a non Catholic voluntary maintained school (including an Irish medium school) is the employing authority of teachers in its own school. The Board of Governors of each voluntary grammar and each grant maintained integrated school is the employing authority for all staff in its own school.

9.2. Responsibility for the collective employment functions of teachers such as

  • remuneration and terms and conditions of employment for teachers;
  • negotiating with trade unions;
  • strategic workforce planning

currently resides with the 'Teachers Salary and Conditions of Service Committee (Schools)' which is representative of the employing authorities, teacher unions and the Department of Education (DE) and operates under an independent Chair.

9.3. The current arrangements relating to remuneration and terms and conditions of service for support staff in controlled and maintained schools are agreed through the Joint Negotiating Council (JNC). The Boards of Governors of voluntary grammar and grant-maintained integrated schools determine whether to adopt the JNC arrangements.

Role of the General Teaching Council for NI (GTCNI)

9.4. The GTCNI is the independent professional body for teachers. It operates at an overall strategic level to enhance the status of teaching and to promote the highest standards of professional conduct and practice. Its main responsibilities are:

       i. registration of all teachers in grant-aided schools

The Board of Governors cannot employ a person as a teacher unless he or she is registered with the GTCNI. The GTCNI may charge a teacher a registration fee.

       ii. code of values and professional practice

The GTCNI consulted widely before issuing its code of values and professional practice. The code makes explicit the values underpinning ethical teaching practice and the commitments the profession makes to pupils, parents and the wider education community. The GTCNI publication 'Teaching: the Reflective Profession' includes the latest version of the code. In addition to the code, this publication sets out the NI teacher competences which describe the knowledge, skills and understanding that teachers should demonstrate and the competences statements provide a framework for early teacher education and career-long professional development.

       iii. disciplinary functions relating to professional misconduct

Legislation will be brought forward to enable the GTCNI to take disciplinary action in cases where it is alleged that a registered teacher

  • is guilty of unacceptable professional conduct or serious professional incompetence;
  • has been convicted of a criminal offence, which raises questions about their suitability to be a registered teacher.

The GTCNI’s role will not replace the existing disciplinary powers of schools in relation to staff. Rather, it will only begin when a school has ceased to use a teacher’s services.

       iv. provision of advice

The GTCNI is responsible for providing advice to DE and employing authorities on matters relating to teacher registration, teacher training, career development, performance management and standards of teaching and conduct.

9.5. The establishment of a General Teaching Council is an important development in education in the North of Ireland, for both teachers and Boards of Governors. Since the profession has now clearly articulated what its core values and competences are, teachers are in the position to apply and develop them as an essential and integral part of their continuing professional development, and Boards of Governors can be clear as to what they can expect from teachers in relation to professional practice and commitment.

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Role of the Board of Governors and the principal

9.6. The Board of Governors has overall responsibility for staffing matters at the school. Many staff functions may be delegated by the Board of Governors to the principal, or to a committee of the governors working with or without the principal, in accordance with the provisions of the school’s scheme of management.

The role of the principal is to advise the governors on current staffing requirements, current deficiencies if any, anticipated future difficulties, the promotion of staff, and the suitability of applicants for vacancies. The deployment of staff is a matter for the principal who will wish to make best use of the particular skills and expertise of all staff and deploy these to the best advantage of the pupils. The principal will also wish to encourage staff development.

The functions of the Board of Governors are set out in this chapter under the general headings:

  • Staff Appointments which includes recruitment and selection, the staff salary policy, pay and conditions of service, promotions and teaching allowances;
  • Staff Management which includes staff attendance, career break and job sharing schemes, leave of absence/special leave, staff conduct and discipline, staff suspensions and dismissals;
  • Staff Performance which includes induction training, performance review, training and development and unsatisfactory performance;
  • Staff Welfare; and
  • Staff Redundancy and Retirement Schemes.

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Staff appointments

Recruitment and selection of staff

9.7. The appointment of staff is one of the most important responsibilities of governors. The success of any school is largely dependent on the quality, professionalism and expertise of its staff. Since staff are the most valuable and expensive resource, it is vitally important that the best person is appointed to fill a vacancy.

9.8. All Boards of Governors are responsible for school-specific functions on the recruitment and selection of staff which include

  • the appointment of principals, vice-principals, teachers and support staff;
  • the determination of job descriptions and personnel specifications; and
  • the constitution of interview panels and the selection of teaching and support staff.

Before making any teaching appointments, including the appointment of any substitute teacher, the school must ensure that the teacher is registered with the GTCNI. Substitute teachers should also be registered with the NI Substitute Teachers Register (NISTR).

9.9. The education and library boards have provided the Boards of Governors of controlled schools with a scheme, approved by the Department of Education, detailing the procedures to be followed in relation to the appointment of principals, vice-principals and teachers. CCMS has provided the Boards of Governors of Catholic maintained schools with an equivalent scheme, approved by DE. The education and library boards also have procedures for the appointment of support staff in controlled and maintained schools. The Boards of Governors of all other schools have been responsible for determining their own staff recruitment and selection procedures which must comply with the procedures in the school’s scheme of management and all of the relevant employment and child protection legislation.

9.10. Applications for posts at the school must be judged on their merits against the objective requirements of the job. Allegations that a candidate has been given preferential treatment may lead to challenge and summons before an employment tribunal. The anti-discrimination law in the North of Ireland prohibits discrimination on the grounds of religious belief, political opinion, race, disability, sex, marital status, sexual orientation and age. In addition specific obligations are imposed on 'public authorities', in respect of the need to promote equality and the desirability of promoting good relations under Section 75 of the NI Act 1998. The recruitment of teachers in schools in the North of Ireland is at present exempt from the Fair Employment legislation which prohibits religious discrimination.

9.11. In carrying out its duties, the Board of Governors is responsible for

  • forming selection panels;
  • ensuring proper balance in the membership of panels (for example, gender, religion) according to the nature of the school;
  • ensuring that members of selection panels are properly trained in recruitment and selection procedures and that at least one governor on each staff recruitment and selection interview panel has undertaken appropriate child protection training;
  • ensuring that the proper procedures for shortlisting, interviewing and appointing staff are followed and that the process is carried out fairly and transparently;
  • ensuring that recruitment and selection procedures comply with child protection legislation as outlined in the DE Circular 2006/06 PDF 122 KB;
  • ensuring that all new staff and volunteers have an induction that includes appropriate training in their school’s child protection policy and procedures.

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Staff salary policy

9.12. Salary decisions have a very substantial effect on the management structure of a school and on school finance. That being so, Governors must take seriously any decisions they take in relation to salaries. Since 1993, Boards of Governors of schools have had statutory responsibility to develop a salary policy related to the particular needs of schools and to keep their salary policy under annual review. Guidance was provided by the employing authorities to Boards of Governors on the formulation and implementation of a salary policy relating to teachers, most recently in 2008, of which the Boards of Governors should take account. The Board of Governors has the following responsibilities

  • to have for all staff, a salary policy that relates to the particular needs and circumstances of the school and the resources available to it and that
    • supports the plans and priorities for the school's future development;
    • takes full account of the guidance issued by the Funding Authority; and
    • identifies the administrative process to be applied in implementing the policy;
  • to review their salary policy annually;
  • to consult with teachers before formally adopting or reviewing the policy;
  • to determine salary awards in consultation with the Principal. The school’s salary awards and the salaries of staff must be reviewed annually;
  • to give every teacher annual written notification of his/her salary placement and how it was arrived at; and
  • if it so decides, to award a salary increase for the principal and vice-principal(s) provided there has been a successful review of performance in the context of performance objectives.

Teachers pay

9.13. The Department of Education, in accordance with the provisions of Article 69 (1) and (6) of the Education and Libraries (NI) Order 1986, determines the salaries and allowances to be paid to teachers in grant aided schools. A classroom teacher must be paid on one of six points on the main pay scale or one of three points on the upper pay scale. With satisfactory performance, teachers on the main pay scale can progress one point per year to a maximum of point six. Having completed one year on point six of the main pay scale, classroom teachers can apply for threshold progression on to the upper pay scale. With satisfactory performance, a teacher can progress up the upper pay scale one point every two years, to a maximum of point three. In addition, classroom teachers can be awarded a teaching allowance, a special needs allowance and/or a recruitment and retention allowance.

9.14. Principals and vice-principals are paid on individual ranges on the leadership salary scale, linked mainly to the size of their school. The principal’s salary is set within a seven-point individual school range and the vice-principal’s salary is set within a five-point pay range and must start on a point above the highest paid classroom teacher. With satisfactory performance, principals and vice-principals may be awarded one progression point and in the case of exceptional performance one additional point may also be awarded.

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Promotions and allowances for teaching staff

9.15. The procedures relating to the awarding of allowances are set out in the 'Guidance to Boards of Governors on the Formulation and Implementation of Salary Policy'. All decisions regarding the award of an allowance should be consistent with the school’s management structure, which should be agreed by the Board of Governors and incorporated in the school’s salary policy.

Terms and conditions of service of teachers

9.16. The professional duties of a principal are set out in Schedule 1, Regulation 4 of the Teachers (Terms and Conditions of Employment) Regulations (NI) 1987, which state that a principal

  • is required to carry out his/her professional duties in accordance with the school’s policy and objectives, as determined by the Board of Governors;
  • shall obey the reasonable directions of the Board of Governors; and
  • consult with the Board of Governors where appropriate.

9.17. A vice-principal may be assigned particular duties, additional to his/her professional duties as a teacher, by the principal as set out in Schedule 2, Regulation 4 of the Teachers (Terms and Conditions of Employment) Regulations (NI) 1987.

9.18. Teachers, including vice-principals, are required to carry out their professional duties as reasonably directed by the principal. The professional duties that a teacher may be reasonably asked by the principal to do, are set out in Schedule 3, Regulation 5 of the Teachers (Terms and Conditions of Employment) Regulations (NI) 1987.

Pay and terms and conditions of service for support staff

9.19. The current arrangements relating to remuneration and terms and conditions of service for support staff in controlled and maintained schools, have been agreed through the Joint Negotiating Council (JNC). JNC Circular No 156 sets out the pay rates for 2008/9.

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Staff management (teaching and support staff)

Staff attendance

9.20. Regular attendance by staff is critically important for the continuity and effectiveness of pupils’ learning. Furthermore, when a member of staff is absent, for whatever reason, it puts additional stress on those who are required to ‘cover’ for the absence and, in the case of a school having to employ a substitute teacher, it negatively affects school finances.

9.21. The Board of Governors has the following statutory duties

  • to have overall responsibility for ensuring the effective management of the attendance of all school staff; and
  • to ensure that the staff attendance policy, agreed by the employing authorities following consultation with trade union representatives, are applied fairly and equitably.

The roles and responsibilities of Boards of Governors for managing teacher attendance are contained in the Teacher Attendance Procedure (TNC 2008/02) which is available on the Department's website. Boards of Governors are encouraged to promote good attendance, bearing in mind the effect of teacher absences on the school budget and education standards in the classroom.

Career break schemes

9.22. The career break scheme provides staff with the facility of taking a break in their careers. The use of a career break is also beneficial to the school, as staff widen their experience and enhance the skills and knowledge that they bring to the school on their return. The roles and responsibilities of Boards of Governors for granting a teacher a career break are contained in the Career Break Scheme for Teaching Staff (TNC 2009/05) which is available on the Department's website. A similar scheme is available for other staff (see JNC Circular No 129).

Job share scheme

9.23. Job sharing is a method of working where two staff share one full-time post. Job sharing is different from part-time work in that, although the hours worked by each post holder are part-time, together the staff take joint responsibility for the full-time post and are regarded as a full-time unit. Job sharing arrangements can be permanent or temporary for a maximum of two years. The roles and responsibilities of Boards of Governors in considering applications for job share arrangements are contained in the Teachers’ Job Share Scheme (TNC 2009/04) which is available on the Department's website. A similar scheme is available for support staff (see JNC Circular No 21).

Occupational maternity leave scheme

9.24. The occupational maternity leave scheme applies to all pregnant staff regardless of their length of service or number of hours worked per week. Staff on maternity leave are entitled to remain absent for up to 26 weeks’ ordinary maternity leave and 26 weeks’ additional maternity leave. The TNC circular Teachers’ Occupational Maternity Leave Scheme (2008/01) provides full details of the scheme and is available on the Department's website. A similar scheme is available for support staff (see JNC Circular No 117).

Paternity leave schemes

9.25. Following the birth of a child or the placement of a child for adoption, staff who are eligible for paternity leave have the right to take either 1 or 2 weeks paid statutory paternity leave to care for the child or support the mother or, in the case of adoption, the adopter or other adopter. The TNC circular Teachers Paternity Leave Scheme (2003/03) provides full details of the scheme and is available on the Department’s website. A similar scheme is available for support staff (see JNC Circular No 118).

Adoption leave schemes

9.26. Paid adoption leave is available to staff, where an approved adoption agency notifies the adopter of a match with a child. Eligible staff are entitled to take paid adoption leave when a child is newly placed for adoption. The TNC circular Teachers’ Occupational Adoption Leave Scheme (2003/2) provides full details of the scheme and is available on the Department’s website. A similar scheme is available for support staff (see JNC Circular No 119).

Leave of absence

9.27. From time-to-time, staff will request leave to enable them to deal with personal circumstances. All requests for leave of absence will, in due course, be considered by a school’s Board of Governors. Consequently, the Board of Governors has a responsibility to consider such requests taking full account of

  • the context in which the request is made;
  • its legal obligations; and
  • the potential effects the granting of such a request might have for the school.

Boards of Governors should also be aware of the content of other family friendly provisions that have been agreed by the Teachers Negotiating Committee, for example Parental Leave Scheme, Flexible Working Scheme (TNC 2009/6) and Temporary Variation of Contract (TNC 2009/07). Similar schemes have been agreed for support staff (see JNC Circular No 120 and policies listed at the end of this chapter).

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Staff conduct: Discipline and staff grievances

9.28. All school Boards of Governors are required to establish

  • staff disciplinary rules and procedures; and
  • procedures for affording school staff opportunities to seek redress of any grievance in relation to their employment,

and to take steps to make these known to the staff of the school.

9.29. The Board of Governors must adhere to the disciplinary and grievance procedures agreed at the Teacher Negotiating Committee and the JNC or its successor and make these procedures available to staff.

9.30. Discipline issues arise where the school is dissatisfied with the conduct or behaviour of a member of staff. The TNC Circular ‘Disciplinary Procedure For Teachers, Including Principal and Vice Principals, In Grant-aided Schools With Fully Delegated Budgets’ (2007/5) and the ‘Disciplinary Procedure For Teachers Notes of Guidance For Relevant Bodies’ (2008/04) set out the roles and responsibilities of all parties involved in disciplinary cases, the steps to be taken and also the appeal processes available to a teacher, if they are dissatisfied with the outcome of disciplinary proceedings. For support staff, reference should be made to the 'Disciplinary Procedure for Non-Teaching Staff in Grant-aided Schools with Fully Delegated Budgets'.

9.31. Grievances arise where a member of staff feels dissatisfied, for example, with working conditions, or considers that he/she has been the victim of harsh or unfair treatment. The TNC Circular ‘Grievance Procedure for Principals, Vice-Principals and Teachers In Grant Aided Schools’ (2008/03) sets out the steps to be followed by a teacher raising a grievance against his/her employer, including the time limits which apply at each stage of the procedure (unless altered by agreement). There is a separate policy procedure for school based staff.

9.32. Staff disciplinary and grievance procedures are intended to resolve problems. Neither of these procedures should be regarded as negative activities, since the outcome may lead to a significant improvement which is beneficial to the member of staff concerned and to the school.

9.33. Before invoking the formal stage of the grievance procedure, the staff member should be offered the opportunity to resolve the grievance using an independent mediation process. Mediation is non-prejudicial and the parties do not waive their rights to access other procedures or processes by agreeing to participate. The TNC Circular ‘Mediation Procedure’ (2008/06) outlines the mediation principles and procedure which will be used by the employers' internal mediation team. It also sets out the roles and responsibilities of each party involved in the mediation.

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Staff suspension

9.34. The Board of Governors or the principal may suspend any person employed to work in the school where, in its opinion, the person’s exclusion is required; the principal/Board of Governors and the Employing Authority (where this is not the Board of Governors) must be informed immediately of any such decision. The suspension is without any loss of salary. A precautionary suspension should only be imposed after careful consideration and should be kept under regular review to ensure that the suspension is not unduly protracted. Only the Board of Governors is empowered to end a suspension and is required to inform the principal and the Employing Authority of any such decision.

Staff dismissal

9.35.

  • Where the Board of Governors decides that the contract of anyone employed in the school should be terminated, it must notify the employing authority (where this is not the Board of Governors) in writing, giving reasons for its determination.
  • If the person is employed under contract to work solely at the school and does not resign, the employing authority must within one month of receipt of the notification, give the person notice of termination, in accordance with the contract or with immediate effect, if the conduct of the employee warrants it.
  • In the case of someone who is under contract to work at the school and another school or schools, the employing authority shall require the person to cease work at the school that issued the notification.
  • It is for the Board of Governors to determine whether any payment should be made by the employing authority in respect of the dismissal or for securing the resignation of the employee and the amount of the payment.
  • Any such payment should not normally be deducted from the school’s budget share, except in so far as the Funding Authority has good reason for deducting those costs in whole or in part from the budget share. (The fact that the Employing Authority has a policy precluding dismissal of its employees by reasons of redundancy is not regarded as a 'good reason'.)
  • These arrangements do not apply to the dismissal of a teacher who is not registered with the GTCNI or to the dismissal of non teaching staff who do not comply with the eligibility requirements for employment in grant-aided schools.

9.36. The Board of Governors is required

  • to make arrangements for the employee to make representations with respect to his/her dismissal, including oral representation, to the person or persons appointed by the Board of Governors for this purpose;
  • to take account of any such representations;
  • to consider any advice given by any relevant officer of the employing authority who is entitled to attend all the proceedings of the Board of Governors relating to the dismissal, prior to making the final decision.

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Misconduct of teachers

9.37. Until such time as the GTCNI assumes its disciplinary powers, the Board of Governors must report to the Department of Education any teacher who has been dismissed for non child protection related misconduct, whether or not they are convicted of a criminal offence, or who would have been dismissed or considered for dismissal, if they had not resigned. They must also provide information about

  • those cases where an alleged misconduct is considered so serious as to warrant a precautionary suspension or dismissal;
  • all the surrounding circumstances that resulted in the precautionary suspension or dismissal; and
  • those cases where the above points would have applied but for the teacher resigning or leaving the school’s employment under other circumstances.

Child protection related cases must be reported to the Independent Safeguarding Authority (ISA), in accordance with the referral guidance published by the ISA.
http://www.isa-gov.org.uk/PDF/ISA%20Referral%20Guidance%20%20V2009-02.pdf PDF 6.57 MB

Staff performance

Induction and early professional development of beginning teachers

9.38. All beginning teachers are required to take part in an induction programme of support to help them consolidate their skills in the classroom. The programme is provided by the education and library boards, as the lead bodies, in partnership with schools and higher education institutions. On successful completion of the induction stage, all beginning teachers undertake a programme of early professional development (EPD). This stage of a teacher’s professional development is provided by schools, as the lead bodies, in partnership with the education and library boards and higher education institutions. It is the responsibility of Boards of Governors of schools to confirm, or otherwise, the successful completion of induction and EPD and to inform the GTCNI.

9.39. Further details of these two stages of a beginning teacher’s professional development, together with the roles, responsibilities and teaching competences associated with each, may be accessed online in the ‘Teacher Education Partnership Handbook (September 2009 Edition)’ and in the publication ‘Teaching: the Reflective Profession’; the relevant web links are recorded under the Guidance heading at the end of this chapter.

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Performance review and staff development (PRSD): teachers

9.40. A Performance Review and Staff Development (PRSD) Scheme, agreed at the Teachers’ Negotiating Committee, applies to all qualified teachers, other than teachers participating in induction and early professional development. PRSD is integral to the school development planning process. It is designed to contribute to the process of continuous improvement and to assist principals and teachers to improve their individual performance. Under the Scheme, the Board of Governors has a strategic role for adopting a PRSD policy for their school and for monitoring its implementation.

9.41. The Board of Governors has a duty

  • to review the performance of the principal annually; and
  • to ensure the professional development and performance of teachers is reviewed annually in accordance with the PRSD Scheme.

9.42. A Board of Governors is required to designate a minimum of two governors to undertake an annual review of the principal’s performance. External advisors are appointed to each school to help and advise the governor reviewers. However, if a school can demonstrate that they no longer require the use of an external advisor they can opt out of using the services of an external advisor. Responsibility for agreeing objectives and reviewing the performance of the Principal rests with the governor reviewers. The principal is responsible for reviewing the vice-principal and the principal designates the reviewer of the other members of staff.

9.43. More detailed information is contained in the Performance Review and Staff Development Scheme and in addition, the role of the governors designated to review the principal’s performance is set out clearly in the 'PRSD Fact-Sheet for Governors and Principals', issued to schools in June 2005.

Performance of support staff

9.44. The Board of Governors may request an annual report from the school principal on the assessment of performance of the non teaching staff employed in the school. This annual report should contribute to the school’s staff training and development plan.

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Staff training and development

9.45. The Board of Governors has a responsibility to the school, to promote the personal and collective professional development of its staff, both teaching and non teaching. This includes

  • devising and implementing a training and development policy linked to the outcomes of the PRSD exercise;
  • ensuring that the policy takes proper account of the needs of the school and provides clear guidance for staff in relation, for example, to secondments, attendance at courses during the school day, in-school time for teachers to undertake further professional qualifications;
  • being fair in implementing the policy;
  • ensuring that the school makes the best use of all the training and development days approved annually by DE including 'Baker Days';
  • taking full account of the needs of the school when considering applications from staff for support in terms of, for example, finance and time release, to undertake further professional training; and
  • producing a costed training and development plan appropriate to the needs of the school.

9.46. The Board of Governors should ensure that any school training and development plan takes full account of their school’s costed three year development plan.

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Unsatisfactory performance

i. Principals and teachers

9.47. The matters causing concern to the Board of Governors and which give rise to the initiation of procedures relating to unsatisfactory performance for principals and teachers may relate to pedagogic competence (for example, quality of teaching, lesson planning and preparation, classroom relationships) or other aspects of professional performance, such as planning, management and leadership. In the case of support staff, administrative and financial and technical competence need to be considered together with planning, management, productivity and leadership skills.

9.48. The test to be applied in determining whether the procedure/s should be invoked, is whether the standard of work or the nature of the deficiencies are having, or likely to have, a detrimental effect on the educational progress of the pupils and/or on the effective functioning of the school.

9.49. The Board of Governors should distinguish between a question of capability and a disciplinary matter. Unsatisfactory work means not doing the job to the standards required.

9.50. Where unsatisfactory teaching is identified, every effort must be made to give the teacher reasonable time, opportunity and assistance to address identified difficulties and to become effective. The teacher must have access to appropriate support and training. If the teacher will not co-operate with the support programme offered under the scheme, appropriate disciplinary action will have to be considered.

9.51. Full details relating to unsatisfactory teaching are contained in the publication ‘Procedures for Dealing with Principals, Teachers and Vice-Principals Whose Work is Unsatisfactory’ issued October 1997 by the employing authorities. It is imperative that the Board of Governors follows the agreed Procedures rigorously, particularly with reference to provision of a support programme, arrangements for monitoring, the involvement of the Education and Training Inspectorate and arrangements for appeal. The Board of Governors is required to apply the Procedures in a fair and sensitive manner consistent with the Equality of Opportunity Policy Statement for teachers.

9.52. Where a Board of Governors has ceased to use a teacher’s services on grounds relating to professional incompetence, or might have ceased to use the teacher’s services on such grounds had the teacher not ceased to provide the services, it must report the case to DE (until such time as the GTCNI has its disciplinary powers).

ii. Support staff in schools

9.53. In the case of support staff in schools, advice on procedures is available from the Human Resource Section of the School Support Service.

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Staff welfare

9.54. The Board of Governors has a general duty of care in respect of the health, safety and welfare of all members of staff and others who may be using school premises. The TNC Circular Teacher Attendance Procedure (2008/02) provides advice and guidance to Governors on monitoring teacher absence due to sick absence. There are other policies and procedures in place to assist and support teachers, such as Temporary Variation of Contract (TNC 2009/07), Flexible Working Scheme (TNC 2009/06) and Career Break Scheme (TNC 2009/5).

Alcohol and drug misuse

9.55. Alcohol and drug misuse can have an effect on an employee’s health and wellbeing, and can give rise to a wide range of social problems affecting family, friends and colleagues. Alcohol and drug misuse can have a negative impact on conduct at work or on the job performance and the career prospects of staff and lead to such problems as

  • unhealthy role model for pupils;
  • reduced educational opportunities for pupils;
  • reduced classroom performance;
  • poor judgement, accidents, poor time keeping and absenteeism.

9.56. The TNC Circular 2005/5 ‘Alcohol and Drug Misuse Policy and Procedures for Teachers in Grant-Aided Schools’ provides information and guidance on dealing with staff misuse of alcohol and drugs.

Staff harassment and bullying

9.57. The Board of Governors should recognise that staff are its most valuable asset and have a right to be treated with dignity and respect. It has to be committed to the promotion of a harmonious and supportive working environment and to treating and investigating all allegations of bullying and harassment with equal seriousness, according to the negotiated procedures and protocols. Bullying and harassment is unacceptable behaviour.

9.58. A Board of Governors needs to be aware that bullying and harassment may infringe domestic and European legislation such as

  • Health and Safety at Work (NI) Order 1978;
  • Sex Discrimination Orders (NI) 1976 and 1988;
  • The Fair Employment and Treatment Order 1998;
  • Race Relations (NI) Order 1997;
  • Disability Discrimination Act 1995;
  • Human Rights Act 1998; and
  • Common Law.

9.59. The TNC Circular 2005/2 ‘Promoting a dignified Workplace’ provides a policy statement and code of practice on measures to combat bullying and harassment of teaching staff in schools. JNC Circular No 77 provides information in relation to support staff in controlled and maintained schools.

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Staff redundancies

9.60. It is the responsibility of the Board of Governors to determine staffing levels in its school. When the possibility of a redundancy becomes apparent, it is essential that the correct procedures are followed. The 1997 TNC Circular ‘Procedure for Handling Teacher Redundancies’ provides information and guidance to Board of Governors in dealing with this issue. Employing authorities have also issued supplementary guidance to controlled and maintained schools on handling redundancies in schools. In the case of all other grant-aided schools, the Board of Governors should have its own staff redundancy scheme.

9.61. The Employment Rights (NI) Order 1996 outlines the terms under which employees can be made redundant. The Department for Employment and Learning (DEL) is responsible for Employment Relations Policy (ERP) in relation to redundancies and employment rights. In addition, the Labour Relations Agency (LRA) has a Code of Practice in relation to Redundancy Consultation and Procedures (RCP) which summarises the statutory provisions in employment legislation and gives practical guidance on redundancy related issues.

9.62. The Board of Governors has the following statutory duties:

  • to make, and take responsibility for, decisions on redundancies; and
  • to follow the redundancy scheme and to implement the procedures in that scheme.

9.63. The Board of Governors are also responsible for

  • making every reasonable effort to avoid the need for a redundancy;
  • advising the staff and the full-time officials or nominees of the recognised unions, as soon as they have identified the possible need for a redundancy; and
  • at the same time, appointing an appeals panel (normally comprising three governors).

Retirement schemes

Teachers' premature retirement compensation scheme

9.64. The Teachers’ Premature Retirement Scheme is a management tool which Boards of Governors can use to effect a qualitative improvement in the educational provision in their schools. It allows teachers’ employers to affect redundancies in the context of necessary organisational change and to retire teachers in the interests of the efficient discharge of the employer’s function. It does not confer a right to early retirement on teachers. The Board of Governors is responsible for

  • decisions to release a teacher from employment on grounds of redundancy;
  • decisions, subject to the approval of the relevant body, to recommend a teacher for release on grounds of the efficient discharge of the employers function; and
  • in both cases, subject to the approval of the relevant body, decisions to recommend compensation by way of added years.

The maximum level of enhancement that may be awarded is set out within the terms of the Premature Retirement Scheme. Any action arising from this scheme should be taken on the initiative of the Board of Governors, and in accordance with advice from the employing authority.

9.65. The Department brought into effect on 30 April 2010 new premature retirement compensation regulations which have the effect of transferring to teachers’ employers, all the costs associated with compensation for premature retirement, including the early payment of unreduced pension benefits.

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Premature retirement: Efficient discharge of the employer's function scheme

9.66. This Scheme should not be used in circumstances where dismissal would otherwise be the normal and proper course of action (for example, gross misconduct, or inefficiency). Nor should it be used where a teacher no longer meets the normal requirements as to health and physical capacity for teaching. Separate arrangements apply for retirement on grounds of ill-health. In relation to this scheme, the Board of Governors should

i.     not offer this retirement option because a teacher wishes to retire early

ii.     operate the scheme where a teacher’s performance, although not having been found to be unsatisfactory under the agreed procedures, is below that which might be reasonably expected, for example, in terms of methodology, lack of necessary specialist skills, relationships with the pupils or pressures arising from the implementation of new educational initiatives

iii.     only use this scheme where the problems associated with the teacher’s effectiveness and performance cannot be resolved adequately through training or support

iv.     prior to offering the scheme, balance carefully the costs and advantages of premature retirement, consider any possible difficulties which are envisaged in recruiting a replacement (for example, in shortage subjects) and consider any internal disruption which it may cause in the school

v.     identify clearly and unambiguously the reasons for application of the Efficient Discharge Scheme (EDS)

vi.     provide evidence which led to the conclusion there had been a significant decline in the teacher’s effectiveness and/or motivation

vii.     specify explicitly the required improvements

viii.     specify how the pupils’ needs and abilities would be better served by another teacher

ix.     provide details of other strategies considered and deployed where there is evidence of a significant decline in teaching/managerial decline; including the provision of substantive records showing what action has been taken, during the previous two years by both the employer and the teacher to improve the quality of performance; this should include details of in service training or support, or redeployment within the school

x.     supply details of the outcome of other strategies deployed

xi.     provide confirmation that consideration has been given to the possibility of the teacher voluntarily moving to a position of lesser responsibility and a full explanation as to why this option has not been considered appropriate

xii.     give other appropriate reasons not specified above

9.67. The Board of Governors should be aware that all premature retirement proposals have significant financial implications. Further information is contained in the DE Circulars 1999/30 and 2006/23 ‘Teachers’ Premature Retirement Compensation Scheme’.

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Termination of employment of teachers on the grounds of ill health or capability

9.68. The TNC Circular 2000/4 sets out procedures:

  • for dealing with teachers who may no longer have the health or physical capacity for employment as a teacher; or
  • for dealing with teachers whose attendance at work is such as to question whether they are capable of providing a regular and sustained service;
  • to be followed when a teacher makes a request for him/her to be considered for retirement on the grounds of permanent ill health.

General

9.69. The policies described in this chapter are not exhaustive. A full list is included in the Guidance section at the end of the chapter.

Employment tribunals

9.70. Employment tribunals hear complaints where employees have alleged discrimination against someone or have failed to respect their rights under employment law, for example unfair dismissal. A tribunal can order an employee to be re-engaged or reinstated and can award compensation. If the complaint is about a decision taken by the Board of Governors, the Board of Governors must be present before the tribunal to defend its action.

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The law

Education law

Education (NI) Order 1986 - Article 68 and Schedule 14, Parts I and II
(Appointment of teachers to a controlled school)

Education and Libraries (NI) Order 1986 - Article 69
as amended by Article 42 of the Education and Libraries Order 1993
(Salaries and other terms and conditions of employment of teachers)

Education and Libraries (NI) Order 1986 - Article 70 as amended and substituted
(Regulations as to employment of teachers)

Education and Libraries (NI) Order 1986 - Article 72
(Redundancy payments to teachers in certain voluntary and grant maintained integrated schools)

Education and Libraries (NI) Order 1986 – Article 88
(employment of non-teaching staff)

Education and Libraries (NI) Order 1986 - Article 101
(power of DE to give Directions) as amended and substituted by the 1989 Order

Education and Libraries Order 1993 – Article 42
(Salaries and other terms and conditions of employment of teachers)

Education Reform (NI) Order 1989 - Article 123
(Schemes of Management for Schools: provisions relating to staff)

Education Reform (NI) Order 1989 - Articles 148-149
(Information and training for Boards of Governors and Training Programmes)

Education Reform (NI) Order 1989 - Article 151
(Review of performance of teachers)

Education Reform Order (NI) 1989 - Article 153
(Appointment of teachers)

Education Reform Order (NI) 1989 – Article 158
(Power of DE to give Directions) substitutes a new Article 101 in the 1986 Order

Education Reform (NI) Order 1989 - Schedule 4
(Provisions relating to the staff of schools with delegated budgets)

Education (NI) Order 1998 - Articles 34 to 41 and Schedule 1
(The General Teaching Council for NI)

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Education regulations

Teachers’ (Compensation for Redundancy and Premature Retirement) Regulations (NI) 1991 SR No132

Teachers’ (Compensation for Redundancy and Premature Retirement) Regulations (NI) 2010

Teachers' Salaries Regulations (NI) 1993 SR No 318

Teachers' Salaries (Amendment) Regulations (NI) 1993 SR No 403

Teachers' Salaries (Amendment No 2) Regulations (NI) 1993 SR No 447

Teachers’ (Eligibility) Regulations (NI) 1997 SR No 312

Teachers’ Maternity and Parental Leave etc Regulations (NI) 1999 SR No 471

Teachers’ Maternity and Parental Leave etc (Amendment) Regulations (NI) 2002 SR No 110

Teachers’ Maternity and Parental Leave etc (Amendment No. 2) Regulations (NI) 2002 SR No 135

Teachers’ Superannuation Regulations (NI) 1998 SR No 333

Teachers’ Superannuation Regulations (Amendment) (NI) 1998
(still to be laid - out for consultation)

Teachers' (Terms and Conditions of Employment) Regulations (NI) 1987 SR No 267

Teachers' (Terms and Conditions of Employment) Regulations NI) 1988 SR No 299

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Anti discrimination laws

Asylum and Immigration Act 1999

Disability Discrimination Act 1995 as amended (DDA)

EC Framework Directive for Equal Treatment in Employment and Occupations (2000/78/EC) - Article 15(2)
(exemption from non discrimination religion and belief provisions the recruitment of teachers in schools in NI)

Employment Rights (NI) Order 1996

Employment Equality (Sexual Orientation) Regulations (NI) 2003

Employment Equality (Age) Regulations (NI) 2006

Equal Pay Act (NI) Order 1970 as amended (EPA)

Equality (Disability, etc.) (NI) Order 2000

Fair Employment and Treatment (NI) Order 1998 as amended (FETO)
(exemption from non discrimination religion and belief provisions in the recruitment of teachers in schools in NI)

NI Act 1998

Race Relations (NI) Order 1997 as amended (RRO)

Sex Discrimination (NI) Order 1976 as amended (SDO)

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Anti discrimination statutory codes

Age Discrimination in NI – The Law and Good Practice for Employers

A Step by Step Guide to Monitoring – Monitoring your workforce and applicants in line with fair employment regulations

A Unified Guide to Promoting Equal Opportunities in Employment
(A comprehensive statement on good employment practice.)

Code of Practice on Equal Pay 1999 (ECNI)

Code of Practice for Employers for the Elimination of Racial Discrimination and the Promotion of Equality of Opportunity in Employment

Code of Practice for all Employers on the avoidance of Race Discrimination in recruitment while seeking to prevent illegal working
(published by the Home Office)

Disability Code of Practice – Employment and Occupation (2005)

Disability Discrimination Code of Practice for Schools (2006)

Disability Discrimination Code of Practice – rights of access goods, facilities, services and premises [2003]

Eliminating Sexual Orientation Discrimination in NI – A Guide on the provision of goods, facilities, services and premises

Fair Employment in NI – Code of Practice 1989

Recruitment and Advertising – A Good Practice Guide

Removing Sex Bias from Recruitment and Selection – A Code of Practice 1995 (EOCNI)

Section 75 of the NI Act 1998 – Guide to Statutory Duties

Sexual Orientation Discrimination in NI – The Law and Good Practice

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Guidance

DE guidance

DE Circular Letter ‘Procedures for Dealing with Principals, Teachers and Vice-Principals Whose Work is Unsatisfactory’ October 1997
http://www.deni.gov.uk/procedures_for_dealing_with_principals,_vps_and_teachers_whose_work_is_unsatisfactory_-_october_1997-3.pdf PDF 81 KB

DE Circulars 1999/30 and 2006/23 Teachers’ Premature Retirement Compensation Scheme http://www.deni.gov.uk/teachers__premature_retirement_compensation_scheme_1999.pdf PDF 44 KB
http://www.deni.gov.uk/microsoft_word_-_efficient_discharge_guidelines_-_2006-23.pdf PDF 91 KB

DE Circular 2006/6 Child Protection: Recruitment of people who work with children and young people in educational settings
http://www.deni.gov.uk/circular_2006_06.pdf PDF 122 KB

DE Circular 2006/08 Child Protection: Training requirement for School Governors on staff recruitment and selection panels
Child protection: Training requirements for School Governors on staff recruitment and selection panels PDF 30 KB

DE Circular 2006/09 Child Protection: Criminal background checking of staff in schools: programme to extend coverage’
Child protection: Criminal background checking of staff in schools:programme to extend coverage PDF 39 KB

DE Circular 2006/25 Child Protection: Vetting of School Governors
Child Protection:Vetting of School Governors PDF 41 KB

DE Circular 2008/03: Pre-employment Checking
http://www.deni.gov.uk/cp_circular_-_pre-employment_checks.pdf PDF 38 KB

DE Circular 2009/13: Teachers’ Pay and Allowances from 1 September 2009
http://www.deni.gov.uk/circular_2009-13_teachers__pay_and_allowances_from_1_september_2009_pdf_1077_kb-3.pdf PDF 1.1 MB

Guidance to Boards of Governors on the Formulation and Implementation of Salary Policy 2008
http://www.deni.gov.uk/microsoft_word_-_guidance_salary_policy-_version_to_include_amendment_on_teaching_allowances.pdf PDF 104 KB

The Teacher Education Partnership Handbook
http://www.deni.gov.uk/teacher_education_partnership_handbook__september_2009_edition_-3.pdf PDF 433 KB

Teachers’ Premature Retirement Compensation Scheme Efficient Discharge Guidelines
http://www.deni.gov.uk/microsoft_word_-_efficient_discharge_guidelines_-_2006-23.pdf PDF 91 KB

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General Teaching Council for NI (GTCNI) publication

Teaching: the Reflective Profession
http://www.gtcni.org.uk/publications/uploads/document/GTCNI_Comp_Bmrk%20%20Aug%2007.pdf PDF 1.64 MB

JNC circulars (available from ELBs/ESA)

Support staff: discipline, grievance, harassment

JNC circular no. 77Statement and Code of Practice on Measures to Combat Harassment in the Workplace for Non-teaching staff in controlled and maintained schools third revision March 2007

Support staff: equal opportunities

JNC circular no. 102Equal Opportunities Policy revised October 2006
JNC circular no. 103Policy and Code of Practice on Employment of Persons with Disabilities

Support staff: leave and time off provisions

JNC circular no. 27Special leave
JNC circular no. 31Payment in Lieu for untaken Annual Leave
JNC circular no. 46Carry Over of Annual Leave
JNC circular no. 63Long Service Leave Arrangements Appendum April 2002
JNC circular no. 63Long Service Leave addendum
JNC circular no. 117Maternity Leave Provisions
JNC circular no. 118Paternity Leave Provisions
JNC circular no. 119Adoption Leave Provisions
JNC circular no. 120Parental Leave Provisions
JNC circular no. 140Annual Leave Entitlement wef 1 October 2006

Support staff: miscellaneous

JNC circular no. 19Compensation for Loss or Damage to Staff Property due to Terrorist Attack
JNC circular no. 22 Working with VDUs
JNC circular no. 24Scheme Relating to Facilities for Study for Approved Qualifications
JNC circular no. 26Payment to Employees in the Event of Death or Disablement due to Assault
JNC circular no. 33Smoking in the Workplace
JNC circular no. 53Classroom Assistants and other Term-time only staff in Schools (Secretaries and Technicians) Addendum issued August 2002
JNC circular no. 84Single Status Agreement
JNC circular no. 97Internet and Email Usage Policy
JNC circular no. 124Facilities for Industrial Relations Duties and Trade Union Activities

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Support staff: other policies applicable

Anti Fraud Policy

Carer Leave Scheme

Code of Conduct for Staff

Code of Procedures on Recruitment and Selection

Collective Disputes Procedure

Disciplinary Procedure

Flexible Working Hours

Gifts and Hospitality

Grievance Procedure

Health and Safety Policy and Statement

Joint Declaration of Protection

Pension/Policy Discretions

Redundancy Procedure

Sexual Harassment Policy

Whistleblowing Procedure

Support staff: pay and allowances

JNC circular no. 32Pedal Cycle Rate of Mileage
JNC circular no. 121Car Mileage Rates
JNC circular no. 142Implementation of Job Evaluation for Classroom Assistants
JNC circular no. 156Pay Rates 2008/09
JNC circular no. 157Addendum First Aid Allowance 2008
JNC circular no. 158Addendum Payment to Caretakers for Electoral Duties wef April 2008
JNC circular no. 159Call-out payment for Maintenance Staff employed in the Transport Service April 2008
JNC circular no. 169School Staff: School Meals Abatement

Support staff: work life balance

JNC circular no. 21Job Sharing Scheme second revision March 2007
JNC circular no. 129Career Breaks Scheme third revision September 2007

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Issued by the Teachers Negotiating Committee (TNC)

TNC Circular 1997/2 Procedure for Handling Teacher Redundancies
http://www.deni.gov.uk/teacher_redundancies_-_5th_september_1997-2.pdf PDF 19 KB

TNC Circular 2000/2 Career Break Scheme for Teaching Staff
http://www.deni.gov.uk/career_break_scheme_-_tnc_2000_2-2.pdf PDF 80 KB

TNC Circular 2000/4 Termination of Employment of Teachers on the grounds of ill health or capability
http://www.deni.gov.uk/termination_of_employment_of_teachers_-_tnc_2000_4-4.pdf PDF 45 KB

TNC Circular 2003/02 Teachers’ Occupational Adoption Leave Scheme
http://www.deni.gov.uk/adoption_leave_-_tnc_2003_2-2.pdf PDF 56 KB

TNC Circular 2003/3 Teachers’ Paternity Leave Scheme
http://www.deni.gov.uk/paternity_leave_and_pay_-_tnc_2003_3-3.pdf PDF 47 KB

TNC Circular 2005/2 Promoting a dignified Workplace
http://www.deni.gov.uk/promoting_a_dignified_work_place_tnc2005-2_updated-4.pdf PDF 1.54 MB

TNC Circular 2005/5 Alcohol and Drug Misuse Policy and Procedures for Teachers in Grant-Aided Schools
http://www.deni.gov.uk/alcohol_and_drug_misuse_policy_2005_5.pdf PDF 41 KB

TNC Circular 2007/5 Disciplinary Procedures and Notes for Guidance
http://www.deni.gov.uk/microsoft_word_-_tnc_2007-5_-_disciplinary_procedure.pdf PDF 82 KB

Notes for guidance, TNC 2008/4 Disciplinary Procedure Notes of Guidance
http://www.deni.gov.uk/microsoft_word_-_de1_08_34907__tnc_2008-4_disciplinary_notes_of_guidance_final_version.pdf PDF 70 KB

TNC Circular 2008/01, Teachers’ Occupational Maternity Leave Scheme
http://www.deni.gov.uk/microsoft_word_-_tnc_2008-1_maternity_scheme-2.pdf PDF 70 KB

TNC Circular 2008/2 Teacher Attendance Procedure
http://www.deni.gov.uk/microsoft_word_-_tnc_2008-2_-_teacher_attendance_procedure_final_version.pdf PDF 112 KB

TNC Circular 2008/3 Grievance Procedure for Principals, Vice-Principals and Teachers
http://www.deni.gov.uk/microsoft_word_-_de1_08_34904__tnc_2008-3_grievance_procedure_final_version.pdf PDF 55 KB

TNC Circular 2009/4 Job Share Scheme
http://www.deni.gov.uk/tnc_2009-4_job_share_scheme_for_teachers-3.pdf PDF 688 KB

TNC Circular 2009/10 Performance Review and Staff Development Scheme
http://www.deni.gov.uk/index/teachers-pg/81_teachers-payandconditions_pg/81_teachers_-_pay_and_conditions-conditions/81-employment-conditions-and-procedures.htm

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